Terms and Conditions

This English version is a convenience translation. Only the German version of the Allgemeine Geschäftsbedingungen is legally binding.

1. Scope and provider

These General Terms and Conditions (“Terms”) apply to the use of the Time Momentum platform (“Service”), provided by KI Momentum GmbH, Im Breitenweingarten 7F, 78354 Sipplingen, Germany (“Provider”). They apply to all plans in the version valid at the time of registration or booking. Deviating terms of the user apply only if the Provider expressly agrees to them.

2. Offer for businesses only

The Service is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons and partnerships with legal capacity who, when entering into the contract, act in the exercise of their commercial or independent professional activity — including freelancers. Consumers within the meaning of Section 13 BGB are excluded from use.

When registering, the user confirms that they use the Service commercially or as a freelancer and accepts these Terms. The Provider stores the time of this confirmation. The Provider may request proof of business status, such as a VAT identification number or a trade or commercial register record.

3. Subject matter

The Service enables recording and analysing working time, AI runtime, token usage and AI costs for project work and — depending on the plan — invoicing the user’s own clients. The Provider makes the Service available within the scope of the respective plan. The features of the plans are set out on the pricing page at the time of booking. The Provider may develop the Service further as long as the agreed essential features of the booked plan are retained.

4. Registration and account

An account is required for use. The information provided during registration must be accurate. Login credentials and API keys must be kept confidential. The user is responsible for all activities carried out under their account.

5. Plans and trial

The Service is offered in two plans:

• Free — free of charge and without a term, for one user. It includes in particular time tracking, projects and clients, AI tracking via the agent collector, the view of AI sessions and AI costs of the last 30 days, the dashboard and the export of working times.
• Pro — paid, per user, with a monthly or annual term. It additionally includes in particular the full AI history, profitability, recharging of AI costs, orders, invoices including e-invoices, payments, proofs of performance, exports with AI data and access via API, CLI and AI agents (Section 10).

Each new account receives a one-time trial of 30 days with the features of Pro. The trial is free of charge, requires no payment details and ends automatically. It does not turn into a paid contract; after it ends, the Free plan applies unless the user books Pro. The Provider may refuse a further trial for the same user or the same company.

6. Prices and payment

The prices shown on the pricing page or in the booking process at the time of booking apply. All prices are net prices plus statutory VAT. If the user provides a valid VAT identification number of another EU member state, invoicing is carried out without German VAT in accordance with the statutory provisions (reverse charge).

The fee for Pro is payable in advance for the chosen term — one month or one year. Payments are processed by the payment service provider Stripe (Stripe Payments Europe, Limited, Dublin, Ireland); its terms for the chosen payment method apply in addition. The Provider issues invoices electronically. Discount codes apply only under the conditions stated with the code; after the discount expires, the regular price applies.

If the user is in default of payment, the Provider may restrict access to the Pro features after prior notice; the Free plan remains usable. The Provider announces price changes for existing contracts in text form at least six weeks before the start of the next term; the user may then cancel with effect from the end of the current term.

7. Term, renewal and cancellation

The Free plan has no fixed term. The user can end it at any time by deleting their account (see account settings).

The Pro plan has the term of one month or one year chosen at booking, starting at the time of booking. It renews automatically for the same term unless cancelled by the end of the current term. Cancellation is possible in the customer portal, accessible in the app under Plan, or in text form to info@ki-momentum.de. It takes effect at the end of the current term; Pro remains usable until then. Fees already paid for a current term are not refunded pro rata. Switching between monthly and annual terms is possible in the customer portal.

The Provider may cancel Pro with one month’s notice to the end of the respective term and the Free plan with reasonable notice. The right of both parties to terminate for good cause remains unaffected.

8. Switching to Free and retention of data

When Pro or the trial ends, the Free plan applies. No data is deleted: projects, clients, times and AI sessions remain stored, and AI tracking via the agent collector continues. AI sessions and AI costs older than 30 days are hidden in the Free plan but not deleted; after booking Pro again they become visible again. Existing invoices remain readable and retrievable; new invoices, orders and other Pro features require Pro again.

9. Fair use of AI tracking

AI tracking via the agent collector is not limited in volume in any plan. To protect the Service against abuse and malfunctioning agent collectors, the Provider limits the number of submissions per period (rate limit). Submissions above this limit may be rejected; the agent collector keeps them locally and sends them again later. In the event of abusive use, the Provider may block the affected access after prior notice.

10. API, CLI and AI agents

Read and write access to the Service via the REST API, the CLI tm and by AI agents is reserved for the Pro plan (including the trial). Submission by the agent collector (the tracking function of the CLI tm) and timer control, for example via Elgato Stream Deck, are included in all plans. The user is responsible for actions carried out via their API keys or by agents they deploy. Technical limits per key and period apply to the interfaces.

11. Provided software

To use the Service, the Provider provides software, in particular the CLI tm including the agent collector, the plugin for Elgato Stream Deck and the desktop app (“Software”). The Software is free of charge and serves exclusively the use of the Service.

For the duration of the contract, the Provider grants the user a simple, non-transferable and non-sublicensable right to install and use the Software within their own business for the use of the Service, including by their employees. Beyond this, the user may not modify, decompile, distribute, rent out or otherwise make the Software available to third parties, unless this is mandatorily permitted under Sections 69d and 69e of the German Copyright Act (UrhG).

The Software may contain open-source components. Their license terms, which are included with the Software, take precedence for these components.

The Provider may update the Software. Older versions may lose their connection to the Service when the Provider develops its interfaces further; the user uses a current version at all times.

If the user obtains the Software via a third-party platform, such as the Elgato Marketplace, these Terms apply in the relationship between the user and the Provider; the terms of the platform remain unaffected. The liability provisions in Section 15 apply to the Software.

12. Obligations of the user

The user undertakes not to misuse the Service, not to process unlawful content and not to impair the technical integrity of the Service. The user ensures that they are entitled to process the data they enter. The user remains responsible for the tax and legal correctness of invoices and proofs created with the Service.

13. Availability

The Provider strives for high availability of the Service but does not owe uninterrupted availability. Maintenance, further development and disruptions may lead to temporary restrictions.

14. Responsibility for data and backups

The user remains responsible for the data they record. They can export their data at any time. It is recommended to back up important data independently.

15. Liability

The Provider is liable in accordance with the statutory provisions for intent and gross negligence as well as for damage resulting from injury to life, body or health. Otherwise, liability is limited to the foreseeable damage typical for the contract. The above limitations do not apply where mandatory law provides otherwise.

16. Data protection

Information on the processing of personal data is provided in the privacy policy.

17. Changes to these Terms

The Provider may amend these Terms with effect for the future insofar as this is necessary to adapt to changed legal or technical conditions. The user will be informed of material changes in text form in good time in advance.

18. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider’s registered office. Should any provision of these Terms be invalid, the validity of the remaining provisions remains unaffected.